High Court rules in favour of Gopeng Orang Asli group in hydro dam project case

IPOH: The High Court here has ordered two companies of a hydroelectric dam project in Ulu Geruntum, Gopeng, to vacate the area immediately.

In his ruling, Justice Bhupindar Singh Gurcharan Singh Preet ordered Perak Hydro Renewable Energy Corporation Sdn Bhd and Conso Hydro RE Sdn Bhd to move their things out from the area and for the development of the project to cease.

He also granted the two companies a 30-day interim stay to remove their things, which included some big pipes in the area.

In 2018, Orang Asli settlers from the area filed a suit against the two companies, the Perak government, the state Land and Mines Department, the Federal Government and the Orang Asli Development Department (Jakoa) director-general to stop the dam project, which started in 2012.

They had claimed that the project infringed their rights to their ancestral land, and was cleared without their consent.

The settlers are from six villages in the area, including Kampung Sungai Kapor, Kampung Sat, Kampung Ulu Kepayang, Kampung Empang Main, Kampung Poh and Kampung Ulu Geruntum.

During the proceedings, Justice Bhupindar said the Orang Asli are entitled to protect their ancestral and customary lands, which would need to be gazetted by the state government.

He said the state government, Federal Government, state Land and Mines Department and the Jakoa director-general have breached their fiduciary duties by failing to prevent any encroachment into the Orang Asli's ancestral land.

He also ordered the two companies, the state government, the state Land Mines Department, the Federal Government and Jakoa director-general, to pay a total of RM75,000 in cost, with the two companies to RM25,000, another RM25,000 by the state government and state Land and Mines Department, RM25,000 by the Federal Government and Jakoa director-general.

A nominal compensation of RM10,000 for the destruction of grave sites and another RM10,000 for destroyed trees were also granted to the Orang Asli.

"If the developers want to acquire any land, they have to pay compensation as under the Land Acquisition Act," he said.

Lawyers Vinu Kamalananthan, Conrad Lopez and Sarah Tiong represented the Orang Asli, while Goik Kenzin, Ramesh Sivakumar and Calvin Lim represented the companies.

In April 2021, an interlocutory injunction was granted by the Ipoh High Court against the two companies and their agents pending the disposal of the main suit.

In April 2022, the Court of Appeal set aside the injunction.

In May 2023, the Federal Court allowed the Orang Asli leave to appeal, after ruling that they had satisfied the requirements set out in Section 96(a) of the Courts of Judicature Act.

And in September last year, the apex court ordered the two companies to halt the dam project.